US Class 1 Freight Railroad Update: Final Two Unions Split on Labor Agreement

The two remaining (and largest) unions representing US Class 1 Freight Railroad workers have completed their voting on the tentative labor agreement, which was reached on September 15th. The results were split, increasing the possibility of a rail strike that could start in early December.

Members of the Brotherhood of Locomotive Engineers and Trainmen (BLET) and yardmasters with the Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART-TD) have voted in favor of ratifying the agreement. However, SMART-TD train and engine service members have voted to reject the tentative agreement.

SMART-TD now joins three other unions that have previously rejected the tentative agreement:

1. The Brotherhood of Maintenance of Way Employees Division (BMWED)
2. The Brotherhood of Railroad Signalmen (BRS)
3. The International Brotherhood of Boilermakers (IBB)

All four unions will now return to the bargaining table with the railroads in search of a new agreement.

BLET members join seven other unions that had previously ratified the agreement:

1. The Transportation Communications Union (TCU)
2. The Brotherhood of Railway Carmen (BRC), a division of the TCU
3. The International Brotherhood of Electrical Workers (IBEW)
4. The American Train Dispatchers Association (ATDA)
5. The National Conference of Firemen and Oilers/SEIU (NCFO)
6. The International Association of Sheet Metal, Air, Rail, and Transportation Workers (SMART M)
7. The International Association of Machinist and Aerospace Workers (IAM)

Per the Railway Labor Act, union members and the railroads are not allowed to engage in any strikes or work stoppages until a certain number of days after the rejection of labor agreement has occurred.

As a result, SMART-TD must maintain the status quo until December 8th; on December 9th, union members could go on strike while the railroads could lock out workers. IBB also has the same status quo time frame. BRS and BMWED had a status quo timeframe that lasted until December 4th, but that could be extended to December 8th since SMART-TD’s operating craft members have voted against the ratification.

Whether a strike will occur is still unclear. Congress could intervene before the December deadlines by crafting legislation that would require the unions to accept the agreement, with the possibility of binding arbitration, or other ways to address the outstanding issues.